Part VII Enforcement (ss [171A-[196D)
Part VII Enforcement (ss [171A-[196D)

[171A Expressions used in connection with enforcement]

[(1)     For the purposes of this Act—

(a)     carrying out development without the required planning permission; or

(b)     failing to comply with any condition or limitation subject to which planning permission has been granted,

constitutes a breach of planning control.

(2)     For the purposes of this Act—

(a)     the issue of an enforcement notice (defined in section 172);

[(aa)     the issue of an enforcement warning notice (defined in section 173ZA);] or

(b)     the service of a breach of condition notice (defined in section 187A),

constitutes taking enforcement action.

(3)     In this Part “planning permission” includes permission under Part III of the 1947 Act, of the 1962 Act or of the 1971 Act.]


[171B Time limits]

[(1)     Where there has been a breach of planning control consisting in the carrying out without planning permission of building, engineering, mining or other operations in, on, over or under land, no enforcement action may be taken after the end of the period of four years beginning with the date on which the operations were substantially completed.

(2)     Where there has been a breach of planning control consisting in the change of use of any building to use as a single dwellinghouse, no enforcement action may be taken after the end of the period of four years beginning with the date of the breach.

[(2A)     There is no restriction on when enforcement action may be taken in relation to a breach of planning control in respect of relevant demolition (within the meaning of section 196D).]

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